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234 - Sanitary Sewer ReimbursementCity 0/ _WA INCORPORATED JANUARY 24, 1957 GODFREY PERNELL Mayor GORDANASWANSON Mayor Pro Tern GINNY LEEUWENBURGH Councilwoman JODY MURDOCK Councilwoman THOMAS F. HEINSHEIMER Councilman December 19, 1991 Mr. William R. Peters 11 Johns Canyon Road Rolling Hills, CA 90274 Dear Mr. Peters: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX (213) 377-7288 Thank you for your correspondence regarding construction of the sanitary sewer line and the establishment of the Sanitary Sewer Reimbursement District. We appreciate your cooperation and willingness to move ahead with this project. In your correspondence, you have provided the Lot and Tract numbers of the participating and non -participating properties within the proposed District, contract award information, and a copy of Tract Map No. 29206. I have forwarded this information to the office of the Rolling Hills City Attorney. A draft resolution for the establishment of this District has been prepared for consideration by the City Council at a public hearing as well as a request for specific information. I have enclosed a copy of the correspondence regarding the request for your review. In that correspondence it is suggested that the property owners prepare the reimbursement' agreement to be reviewed by the City. Essentially, quite a bit of the information you have previously submitted will be contained in that agreement, however, it must be formatted in a manner that can be signed by all interested property owners and must also provide your estimate of the future connection charges based upon the original construction cost. Printed on Recycled Paper. Mr. William R. Peters December 19, 1991 Page Two We look forward to receiving this draft agreement from you so that we may continue with the process of establishing the Sewer Reimbursement District. Should you have any questions, please do not hesitate to call. Sincerely, i./(A Craig R. Nealis City Manager CN:ds cc: Mike Jenkins, City Attorney Robin Harris •. RICHAFDS, WATSON & CIERw-edN A"TC9NEY9 A- LAW ♦ •40.•••'ONA: 001•:, •0,l ON 0. EN`. t '.ATOOv •c•11a' 0 3evet.Y •+•�•. . 06.01,0'. • �a1• w .o0:f ••••4 . .aN".: 0 vOr. a.Z._♦00 _ 5 v!_ ♦.0_EP •••C •Ev9"EA � Ov•f A :aE.8Et0 t aE\N6-7 e•he•.. 00PIE , •v . •'4A,;82 • A♦1_ V 00`.0.4 EZ • '-CVO n �P11w4v ! 6100. - apse • 06 vrrI 3=6)02- •• e'e...,,c c, • :.•C S..E 9POw..! 00\•_L` •'•PN t. --e_ ..:AMe 1,.0,.. •/COL Co =a 41•♦ a •4AgAGv 0.. `.N M ••4000, TE•4, A !t..MtVll O -N A t1.C'+EA -f.••!•• A -PA9 . _t h,L. AMR SP•VSP e0Le.AAN •'(L •N - AAu•MANN .AA P•AA DONE, MO_'t,• ate00a. v ,c�nft• ANAVDA• •.t0(VC L_•A4 a PA • f:0*' wEle.! "..CMA6 M • ve0 v.C•d LE 86A_ eA0..sa.11 •008•' Ce:CO1 A A_eete WEA.EP tv.., 0 ENr. 6 •C•O -.4 = - A6.13 E•AA' .,•Jt Gn C4 • " 'NEt DAv,O • wA.le C_P18_' n03 t'1,4N t Ott •tOPA. P. ••AiCMAN 600^ c S. NTANI LA.A11l 0 CO.AN!\.ONO _ACK 6 enG.t0•P ..v10 • e.C-•eN •'.0EN 4M 't•Miva C-t.eTIN• P M11iTZEt 6140' A r•.•t04 ! Ay.N 4AY •,_e v 0 wEiNet December 16, 1991 Mr. Craig Nealis City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 90274 Re: Sanitary Sewer Reimbursement District Dear Mr. Nealis: 6'C -,A* t•C 1AA�t (,•,11',91•) -•iT.slGn n _ Apo »7 so,JY►. ,.04E a -o' — .Cs ANee-es CALICO*\,•♦ 0037 • •,et :8 ,3! 626'•.6. -E.ecop•ea .2•]• e•e•.o•• 1670768 OAR I,LE ,,3E6 R6980-001 VIA TELECOPY In connection with the formation of a sanitary sewer reimbursement district for the Johns Canyon and Morgan Lane properties pursuant to the City's Ordinance No. 234, enclosed for your review is a resolution ordering the formation of the reimbursement district and approving a reimbursement agreement in connection therewith. Prior to considering the enclosed resolution, the City Must hold a public hearing on the formation of the reimbursement district and the approval of the reimbursement agreement. All interested persons must be given the opportunity to be heard at the public hearing. Notice of the public hearing must be posted in the official posting place in the City and mailed to the owners of all of the properties located within the reimbursement district at least 10 days prior to the date of the hearing. Enclosed is a draft of a notice suitable for posting and mailing. A copy of, the proposed reimbursement agreement must be placed on file in the office of the City Clerk and be open to public inspection at the time of ?nailing the notice of thepublic hearing. We suggest that the property owners who are constructing the sewer should draft the reimbursement agreement . for review by our office. The reimbursement agreement must contain a description of the sewer improvements, a diagram of the reimbursement district, the estimated costs of the sewer improvements, and the costs of connection to the sewer line. The ..- ,, . R..C-ARDS, WATSON 8. GE; Mr. Craig Nealis December 16, 199: Page 2 diagram of the re mturse-.ent district rust show the exterior . boundaries of the district, the lines and dimensions of each lot or parcel within the distrct and the location of the improvements. Please forward the draft reimbursement agreement to us upon its preparation. =n the meantime, if you have any questions or we can be of further assistance, please do not hesitate to • call me. Very truly yours, J.41444;1 Robin D. Harris RDH:rdh 1670768 E1 • City 0/ )o//ifl g �(a INCORPORATED JANUARY 24, 1957 DATE: /2-f0-9, TO: #ltiet SEA icsA/� NO. 2 PORTUGUESE BEND ROAD ROLLING WILLS, CALIF. 90274 (213) 377-1321 TELECOPY COVER SHEET TIME SENT: P 7 r' I4A4. FROM: CARt6 /(l fitLiti TELEPHONE: OPERATOR: OUR FILE NO. YOUR FILE NO. SUBJECT: SFWEA £ A sTLTer- DOCUMENT TELECOPIED: REMARKS: J/ES.6 S A< < TH6 INfd Cdr/ rive SI EK /)J 714 c.T - 721 HATE - 7/{,n 1.444 60 T THE C4u.J CT s. 0,1 Z3/92... Yearr2 RE Z A 2A,! AEA IUM THE 12,301tnse., PliarczATIEP S -F YN NEED AA#Y dfLr Wit IA�a , 61 #13t- c e ,'ME TOTAL PAGES (including cover sheet): (0 The City of Rolling Hills uses a Savinfax Model 300 telecopier as its primary telecopier. It is compatible with Group 1, 2 and 3 telecopy machines. If you have difficulty receiving any pages, please telephone our switchboard, at (213) 377-1521. REPLY TO: City of Rolling Hills - Telecopier No. (213) 377-7288 David N. Stone, M.D. 9 Johns Canyon Road Rolling Hills, CA 90274 December 18, 1990 Mr. Craig Nealis Rolling Hills City Manager #2 Portuguese Bend Road Rolling Hills, CA 90274 Re: Johns Canyon Sewer Project Dear Mr. Nealis, Thank you for taking the time to speak with me regarding our neighborhood sewer project. We have been attempting to get this very simple sewer line built for the better part of two years, and if it were not for the enthusiasm and expertise of my neighbor Mr. William Peters, we would not be as far along as we are today! The proposed sewer line would service the three properties on the north side of. Chestnut Lane, the property on the corner of Chestnut Lane and Johns Canyon Road, and the three contiguous properties at the corner of Johns Canyon Road and Morgan Lane. The sewer line would run along the easements of the first four above -mentioned properties. In October 1989, two civil engineering companies submitted bids to the city manager to do the work necessary to generate the plans and approvals required to get • construction bids and obtain permits. The bids were approximately $25,000. In February 1990, in order to begin the process of forming a sewer district„a petition (Petition and Waiver for Special Assessment Proceedings) was submitted to the city signed by five of the seven homeowners involved. The sewer district must be formed to obtain municipal bond financing. Such a bond would (1) fund all construction related costs, and (2) enable the homeowners to pay for these costs as assessments on their annual county property tax bills.. After the petition was submitted, the city attorney advised the city council not to accept the petition unless the homeowners agreed to reimburse the city for expenses in the event the project was never undertaken. The city attorney further advised the council that the homeowners should pay the expenses to eliminate the city's risk of not being able to collect from the homeowners if the project was abandoned. This was unacceptable to the homeowners because (1) the bids were unreasonably high, and (2) the city attorney was asking the homeowners to pay for open-ended expenses without having any control over those expenses. During the past few months we have retained the engineering services of Dalcin-Cummings Asociates and have obtained approved plans for the propsed sewer line and have three construction bids from experienced firms. The enginerring expenses were approximately $5000 and the lowest' bid for construction is approximately $65,.000. Of the seven homeowners, five are eager to proceed, one is not interested in paying any out-of-pocket expenses because their home is for sale (unoccupied "spec" house), and one is not interested because of cost. If the five of us proceed at our own expense there is no legal mechanism (1) to prevent the other two from later connecting to the sewer line which would already run through their easements, or (2) to require them to pay their proportionate share of the construction costs if they later wish to connect to the sewer line. These circumstances not only create a substantial disincentive for the five homeowners to pursue construction of the sewer, but, if the sewer is constructed, also enable non -participating homeowners to experience an unfair windfall should they later connect to the sewer line. Because of these issues of (1) limiting homeowners out- of-pocket expenses and (2) preventing future "free" use of the sewer, we again would like to form a sewer district and obtain municipal bond funding. This would address both of these issues, as costs would be paid by annual assessments amortized over 20 to 30 years, and the costs would be shared equally by all homeowners who have easy, direct easement access to the sewer line, regardless of whether they choose to connect now or in the future. As we discussed last week, the homeowners would like your assistance in forming a sanitary sewer district and obtaing municipal bond funding. Please discuss this situation with the city attorney as soon as possible, prepare the appropriate petition(s) and/or documents for signatures, and calendar the matter for further consideration by the city council. If you need any additional information, please do not hesitate to contact me (home: 377-8104, work: 517-4675) or Mr. William Peters (work: 516-2344). Thank you for your immediate attention to this matter. Sincerely, David N. Stone cc: Mr. William Peters MORGAN LANE SEWER CONSTRUCTION BUDGET Dalcin Cumming Engineering $ 6,133.55 Los Angeles County (Plan Check) 2,868.00 .Los Angeles County (Sewer Maintenance Fee) 626.00 City of Rolling Hills (Fasement Processing) 350.00 Los Angeles County (Rerecording) 33.00 Stewart Title Co. 700.00 Expenses to 11-19-91 Escobar Construction County Inspection Survey and Staking (estimate) Contingencies 5% $ 10,710.55 $ 74,351.00 4,160.00 $ 3.000.00 $ 92,221.55 $ 4.611.55 $ 96,833.10 25 )0' 69123 — 200' SLYER SPUR RD. t ; :' t7 3 , I.. •, U I••It •/►/. t•. ' , .,tom- , 's pet /./e 4c.•04 a01 k. 610;, AV, r,1t/M. A, es o . t.. TRACT NO. 29408 M. B. 808 -27-29 TRACT NO. 24669 U.S. 787- 33-34 CON 7084 •gj 2 �` r, • 4t!' Qu, 2 'Se\ 2.44 %is•♦ •m •RLIS. • .•I• ♦. 415 a• 5 2 t • 1 \ • • • \ • \; TRACT O. 23643 M.B. 761- 46 -47 TRACT_NO. 29207 M.B. 735-36-37 a a • Iw "'AA, •��a Q' p4. 6 ' 4.'o.? or 61 jb4,,::.; 'o°^ZS/U A. 1!. ! 071 e a 2147A 2 • LIP •s. . 14,1/7. 4 l7 A. •AIWA L.A.C.A. MAP NO. 60 A.M. I-8 .? .3 i /7 411•1sa ,ate- :. 7 • .rzrt �1l OJ di•4 �, SAM✓a'r. 3 17/ At •Rav 1. / 44 •/ 5 � I.IT-51 N I.I%-/M. I12 r. eFlip�E . - /4 ' 2.554, - I.t12-IM.1I 1 t.11rA♦. 41 S 'b 6 O 2.51 t.. I.,It • M.55 sis 2.12: 1I- �y 8 ® Llf4. a 2 1/ tAs. • • • �. rr 86 .•. teeAsY70►: •v•ara • /r•t/ • 1211 •A.2 • nn..g• • • 0; h; •11.:4LAP aa 2 44. 0 AR -. s • J; e 0 40o J.. 241 br • ' •4.► 4./s 4.r.• 1 I,f As•4f.f. �• .,I•M Q �/ r• .. , Dli.'1�I' • tae As•/7,4e' • /,r •,►, fF • • • • ,»A..f•2w3O , f, 57 LA Ut • • • ?'I 22 • � 4 ' o 243 Per 0370/Ac 242 / o4 TRACT NO 29206 M.B.735-44-45 1 i Ai y" DETAIL NO SC AL. H u t„ \ /c I 1� li 'lii `.es. 0� OLD BUSINESS A. ORDINANCE NO. 234: AN ORDINANCE AUTHORIZING ESTABLISHMENT OF SANITARY SEWER REIMBURSEMENT DISTRICTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. Mayor Pro Tem Swanson moved adoption of Ordinance No. 234, Councilmember Leeuwenburgh seconded and the motion passed unanimously. C. \Z`-( CO J 1 c L k O) a_g)9* °13 GLENN R WATSON RoeeRT O. SEVERLv MARRY L OERSHON DOUGLAS W. ARGUE MARK L WAKEN ARNOLD SIMON RICHARD M. DINEL ERWIN E. ADLER DAROLD 0. PIEPER FRED A FENSTER THOMAS A FROBCRG. JR. ALLEN E. RENNET, STEVEN L DORSET WILLIAM L S RAUSZ ROBERT M. OOLDFRED ANTHONY S. DREWRY MITCHELL E. ABBOTT TIMOTHY L NEUFELD ROSERT F. DE METER GREGORY W. STEPANICCH ROCHELLE BROWNE DONALD STERN MICHAEL JENKINS WILLIAM R. RUDELL DAVID L COHEN TERESA R. TRACY OUINN M. BARROW CAROL W. LYNCH TERRY A TRUMBULL COLEMAN J. WALSH. JR JOHN A BEL.OH R JEFFREY A. RASW WILLIAM K KRAMER CURTIS L COLEMAN STEVEN M. KAUFMANN MARSHA JONES M MUTE OREGORY M. KUNERT AMANDA F. SUSINCI D WILLIAM G MATSULIURA S COTT WEIRLE DANIEL P. TORRES THOMAS M. JIMRO MICHELE SEAL SAONE-Re ROBERT C. OECOON PAMELA A. ALDERS SAYRE WEAVER KEVIN O. ENNIO ROSIN 0. HARRIS MICHAEL ESTRADA ErRAT M. OOGAN LAURENCE S. WIENER DAVID P. WARE COAST' HOGIN STEVEN R ORR DEBORAH R. HA104AI1 SCOTT K OHOHTANI MICHAEL O. COLAMTUONO KENNETH T. FOND JACK S. SHOLKOfr DAVID A SUCHEN S . TILDEN KIM DARYL T. TESHIMA RANDOLPH P. MOORORTY CHRSTINA R. MELTZER BIROR A HUSER B. ALAN RAY JUUET P. IRELAND RUBIN 0. VIEWER RICHARDS, WAT Mr. Craig Nealis City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California • ATTORN A JUL 2 7 1991 CITY OF. ROLLING HILLS RICHARD RCHARD6 (1S1S-1966) T) 4IRTY-EGHTH FLOOR »J SOUTH HOPE STREET ��—......•'"'—""TSS ANGELES. CAUFORNIA 90071-1460 (21J) 626-6464 August 260, " 1991 TELECOPIER (213) 626.0976 90274 Re: .Sewer Reimbursement Districts Dear Mr. Nealis: 0561798 OUR FILE NUMBER R6980-001 Enclosed for your review and comment is a proposed ordinance amending the Municipal Code to allow for the creation of sanitary sewer reimbursement districts. Please let me know your comments and proposed changes, if any. MJ:skv 0561798 ORDINANCE NO. AN ORDINANCE OF THE CITY OF.ROLLING HILLS AUTHORIZING ESTABLISHMENT OF SANITARY SEWER REIMBURSEMENT DISTRICTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. Chapter 13.16 is hereby added to Title 13 of the City of Rolling Hills Municipal Code to read: Chapter 13.16 SANITARY SEWER REIMBURSEMENT DISTRICTS 13.16.010. Purpose. The purpose of this Chapter is to (provide -for —the —formation —of —sanitary —sewer —reimbursement -7 (districtsf hereby a subdivider, an improvement district -formed under special assessment procedures, or person or group of persons (hereinafter collectively referred to as( Developer") can be reimbursed for the cost of constructing a public sewer system. 13.16.020. Improvements. For purposes of this Chapter, the term "improvements" shall mean the sanitary sewer pipeline and related appurtenances intended by the City to be included within a reimbursement district. 13.16.030. Reimbursement District Territory. A reimbursement district shall consist of all territory which the City Engineer determines could possibly be connected to the improvements. 13.16.040. !Notice Notice of a public hearing to consider the formation of the reimbursement district shall be posted in the official posting place in the City and mailed to all of the properties located within the reimbursement district at least 110 days prior to the date of the hearing. 13.16.050. Reimbursement Agreement. A draft of the reimbursement agreement to be entered into between the City and the Developer shall be prepared for consideration at the public hearing. (The_r imbursement_agreement shal'1-'contain; at -minimum, La description of'the improvements,�a diagram_of_the reimbursement-distridt; the estimated"costs--of-the-improvements, and:,.the,_costs_of connection " to the —sewer line‘..) - 910823 kla 1080202 (11) 13.16.060. Diagram of District. The diagram of the reimbursement district shall show (a) the exterior boundaries of the district, (b) the lines and dimensions of each lot or parcel within the district and (c) the location of the improvements. 13.16.070. Public Hearing. A public hearing to consider the formation of the reimbursement districtandapproval of the reimbursement agreement shall be held at the time and place indicated in the notice given pursuant to 13.16.040. All interested persons shall be given the opportunity to be heard. The City Council may order changes in the resolution forming the reimbursement district, the reimbursement agreement or the supporting documentation. At the conclusion of the public hearing,ttheCity Council_may-pass-a resolution_forming_the' reimbursement -`district and approve-tiie:re imburseinent-agreement:7` 13.16.080. Reimbursement D'istrict„Preparation-Fee:. Where applicable,_ the Developer ishal'1-pay"a feeestabl'ished-by_ (resolution of ,the_City Council'to cover'the cost-of"preparation (of =reimbursement_alstrict_documents_and_maps: 13.16.090. Sewer- Connection„Permit -- Charges in Reimbursement Districts. Beforela"property-included-within-a- reimbursement_ district_can_be_connected to a• public""sewer, ;the' downer- oftheproperty Tshall~obtaina sewer -,connection permit and pa achar a for connectin -to" ubl'ic7sewers as" set forth in the ireimbursement'yagreement. - 13.16.100. Sewer Connection Permit -- Charges For Portions of Property. If a sewer connection permit is requested for only a portion'of a lot and the City Engineer finds that only such portion will be benefited by a sewer connection, a sewer connection permit may be issued for such'portion and all charges required by the reimbursement agreement shall be based on the dimensions of such portion. 13.16.110. Sewer Connection -Permit -- Determination of Capacity. No permit shall'be issued for the direct connection of any lot to a public sewer which was not designed for and intended to directly serve such lot unless the City Engineer first determines that there is additional capacity available in such sewer beyond that required to serve the property for which it was designed. 13:16.120. Connection Fee Trust Fund. (Al l-,moneys_paid (for sewer connection permits shall be deposited into_a_specia] sewer connection ust fund" for each reimbursement district. (At the end:of each_fiscal_year theFinance_Director_shall 'distribute`this7money'to 'the-'Dev_e1'operRiifaccordance=with _the [terms;`of: the'_reimbursement-agreement. _ -2- 910823 kla 1080202 (11) Section 2. Should any sentence, section, clause, part or provision of this ordinance be declared invalid by a court of competent jurisdiction, it is the intent of the City Council that such invalidity shall not affect the validity of the ordinance as a whole, or any other part thereof. PASSED, APPROVED and ADOPTED this day of 1991. MAYOR ATTEST: CITY CLERK -3- 910823 kla 1080202 (11) FT3 TO: C1i oi l? fG,.y Jhff INCORPORATED JANUARY 24, 1957 MEMORANDUM OF TRANSMITTAL Dr. David N. Stone 9 Johns Canyon Road Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 DOCUMENT: ORDINANCE NO. 234: AN ORDINANCE AUTHORIZING ESTABLISHMENT OF SANITARY SEWER REIMBURSEMENT DISTRICTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. NOTE: The subject Ordinance was adopted by the Rolling Hills City Council at their meeting of October 28, 1991 and will become effective November 27, 1991. FROM: DIANE L. SAWYER DEPUTY CITY CLERK Cry opeo PFn9 03 INCORPORATED JANUARY 24, 1957 GODFREY PERNELL Mayor GORDANA SWANSON Mayor Pro Tem GINNY LEEUWENBURGH Councilwoman JODY MURDOCK Councilwoman THOMAS F. HEINSH EIMER Councilman October 30, 1991 Mr. Leslie Chun Supervising Civil Engineer II Programs Development Division Los Angeles County Department of Public Works 900 South Fremont Avenue, 11th Floor Alhambra, CA 91803-1331 Dear Mr. Chun: We have enclosed a copy of the following Ordinance: NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 ORDINANCE NO. 234 AN ORDINANCE AUTHORIZING ESTABLISHMENT OF SANITARY SEWER REIMBURSEMENT DISTRICTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. Please note that this Ordinance will become effective on November 27, 1991. Your cooperation and assistance in the formulation of this Ordinance has been appreciated. • Please express our sincere gratitude to Mr. Marvin Lowe. Thank you again. Sincerely, /1,,,e Craig R. Nealis City Manager CN:ds End: cc: Lata Thakar Los Angeles County Department of Building and Safety ®Printed on Recycled Paper. CITY OF ROLLING HILLS PROOF OF SERVICE BY MAIL AND POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) ) ) SS I am a citizen of the United States. I am over the age of eighteen year and not a party to the within proceeding; my business address is 2 Portuguese Bend Road, Rolling Hills, California. On the a _ 1, day of C C.)C3a0- , 19`A I served the within d I NIA NCB a copy of which is annexed0hereto and made a part hereof, on the person, or persons, named below by placing a true copy thereof enclosed in a sealed envelop with postage thereon fully prepaid, in the United States mail at Rolling Hills, California addressed as follows: FAXED MAILED DELIVERED City Attorney City Manager Also posted in one public place I certify (or declare) under penalty of perjury, that the foregoing is true and correct. Executed on the .jOTrl day of Hills, California. C ro 3 � 199! at Rolling DIANE WYER DEPUTY CITY CLERK ORDINANCE NO. 234 AN ORDINANCE OF THE CITY OF ROLLING HILLS AUTHORIZING ESTABLISHMENT OF SANITARY SEWER REIMBURSEMENT DISTRICTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. Chapter 13.16 is hereby added to Title 13 of the City of Rolling Hills Municipal Code to read: Chapter 13.16 SANITARY SEWER REIMBURSEMENT DISTRICTS 13.16.010. Purpose. The purpose of this Chapter is to provide for the formation of sanitary sewer reimbursement districts whereby a subdivider, an improvement district formed under special assessment procedures, or person or group of persons (hereinafter collectively referred to as "Developer") can be reimbursed for the cost of constructing a public sewer system. 13.16.020. Improvements. For purposes of this Chapter, the term "improvements" shall mean the sanitary sewer pipeline and related appurtenances intended by the City to be included within a reimbursement district. 13.16.030. Reimbursement District Territory. A reimbursement district shall consist of all territory which the City Engineer determines could possibly be connected to the improvements. 13.16.040. Notice. Notice of a public hearing to consider the formation of the reimbursement district shall be posted in the official posting place in the City and mailed to all of the properties located within the reimbursement district at least 10 days prior to the date of the hearing. 13.16.050. Reimbursement Agreement. A draft of the reimbursement agreement to be entered into between the City and the Developer shall be prepared for consideration at the public hearing. The reimbursement agreement shall contain, at minimum, a description of the improvements, a diagram of the reimbursement district, the estimated,costs of the improvement's, and the costs of connection to the sewer line. 910823 Ida 1080202 (11) 13.16.060. Diagram of District. The diagram of the reimbursement district shall show (a) the exterior boundaries of the district, (b) the lines and dimensions of each lot or parcel within the district and (c) the location of the improvements. 13.16.070. Public Hearing. A public hearing to consider the'formation of the reimbursement district and approval of the reimbursement agreement shall be held at the time and place indicated in the notice given pursuant to 13.16.040. All interested persons shall be given the opportunity to be heard. The City Council may order changes in the resolution forming the reimbursement district, the reimbursement agreement or the supporting documentation. At the conclusion of the public hearing, the City Council may pass a resolution forming the reimbursement district and approve the reimbursement agreement. 13.16.080. Reimbursement District Preparation Fee. Where applicable, the Developer shall pay a fee established by resolution of the City Council to cover the cost of preparation of reimbursement district documents and maps. 13.16.090. Sewer Connection Permit -- Charges in Reimbursement Districts. Before a property included within a reimbursement district can be connected to a public sewer, the owner of the property shall obtain a sewer connection permit and pay a charge for connecting to the public sewers as set forth in the reimbursement agreement. 13.16.100. Sewer Connection Permit -- Charges For Portions of Property. If a sewer connection permit is requested for only a portion of a lot and the City Engineer finds that only such portion will be benefited by a sewer connection, a sewer connection permit may be issued for such portion and all charges required by the reimbursement agreement shall be based on the dimensions of such portion. 13.16.110. Sewer Connection Permit -- Determination of Capacity. No permit shall be issued for the direct connection of any lot to a public sewer which vas not designed for and intended to directly serve such lot unless the City Engineer first determines that there is additional capacity available in such sewer beyond that required to serve the property for which it was designed. 13.16.120. Connection Fee Trust Fund. All moneys paid for sewer connection permits shall be deposited into a special "sewer connection trust fund" for each reimbursement district. At the end of each fiscal year, the Finance Director shall distribute this money to the Developer in accordance with the terms of the reimbursement agreement. -2- 910823 Us 1080202 (11) Section 2. Should any sentence, section, clause, part or provision of this ordinance be declared invalid by a court of competent jurisdiction, it is the intent of the City Council that such invalidity shall not affect the validity of the ordinance as a whole, or any other part thereof. PASSED, APPROVED and ADOPTED this .ay o 1991. ATTEST: DEPUTY CITY CLE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF ROLLING HILLS I certify that the foregoing Ordinance No. 234 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AUTHORIZING ESTABLISHMENT OF SANITARY SEWER REIMBURSEMENT DISTRICTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE was passed and adopted by the Rolling Hills City Council on Oc tober 28, 1991 by the following vote: AYES: Councilmernbers Leeuwenburgh and Heinsheimer, '_Mayor Pro Tem Swanson and :layor Pernell. NOES: None. ABSENT: Councilmember Murdock. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administration Offices -3- 910823 k 1080202 (11) OJ4i D'puty City Clerk TO: Cii //?ffi.. • INCORPORATED JANUARY 24, 1957 MEMORANDUM OF TRANSMITTAL Mr. William R. Peters 11 Johns Canyon Road Rolling Hills, CA 90274 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 DOCUMENT: ORDINANCE NO. 234: AN ORDINANCE AUTHORIZING ESTABLISHMENT OF SANITARY SEWER REIMBURSEMENT DISTRICTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. NOTE: The subject Ordinance was adopted by the Rolling Hills City Council at their meeting of October 28, 1991 and will become effective November 27, 1991. FROM: DIANE L. SAWYER DEPUTY CITY CLERK • City opeoffin9. INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 Agenda Item No: 5.A Mtg. Date: 10-28-91 TO: HONORABLE MAYOR AND. MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: ORDINANCE NO. 234: AN ORDINANCE AUTHORIZING ESTABLISHMENT OF SANITARY SEWER REIMBURSEMENT DISTRICTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. DATE: OCTOBER 28, 1991 RECOMMENDATION Ordinance No. 234 is presented for second reading and recommended for adoption. BACKGROUND The subject Ordinance was introduced for first reading at the City Council meeting of September 23, 1991. On December 18, 1990, the City received correspondence from Rolling Hills resident David N. Stone, M.D., which discussed concerns relative to the construction of a sanitary sewer project for three properties on the north side of Chestnut Lane, the property on the corner of Chestnut Lane and Johns Canyon Road, and the three contiguous properties at the corner of Johns Canyon Road and Morgan Lane. As the property owners proceeded with the project, they determined that five of the seven homeowners were eager to proceed and two were not interested in funding the project. Under this scenario the City of Rolling Hills was approached with hopes of obtaining municipal bond financing or other means to enable them to recover their costs from the non -participating homeowners should those homeowners desire to connect to the sanitary sewer system at a later date. Ordinance No. 234 amends Chapter 13.16 of the Rolling Hills Municipal Code and establishes the process whereby homeowners desiring to fund plans and construction of sanitary sewers may do so and have the assurances that, through the formation of a Reimbursement District, homeowners adjacent to the sewer which do not fund initial construction costs will be required to pay their fair share of construction costs should they decide to connect to the sanitary sewer system at a later date. Without such an ordinance, once the sanitary sewer is constructed and turned over to Los Angeles County for maintenance and operation, future homeowner connections to the system will be based upon capacity impacts and not initial construction costs. This ordinance is essential to guarantee those private homeowners a mechanism for appropriate proportional reimbursement. Under the ordinance, the City Council may pass a resolution forming a Reimbursement District and approving the reimbursement agreement. The District will be set forth based upon a property's ability to connect to the sanitary sewer system. A sewer connection permit will be required before a property included within the Reimbursement District can connect to the sewer system and a fee, established under the initial resolution, will be required. The City will hold all fees collected to the end of the fiscal year and will then distribute this money to the original funding property owners in accordance with the terms of the Reimbursement Agreement. This ordinance is presented for second reading and adoption this evening. Whereupon it will become effective thirty days hence on November 27, 1991. CN:ds ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROLLING HILLS AUTHORIZING ESTABLISHMENT OF SANITARY SEWER REIMBURSEMENT DISTRICTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. Chapter 13.16 is hereby added to Title 13 of the City of Rolling Hills Municipal Code to read: Chapter 13.16 SANITARY SEWER REIMBURSEMENT DISTRICTS 13.16.010. Purpose. The purpose of this Chapter is to provide for the formation of sanitary sewer reimbursement districts whereby a subdivider, an improvement district formed under special assessment procedures, or person or group of persons (hereinafter collectively referred to as "Developer") can be reimbursed for the cost of constructing a public sewer system. 13.16.020. Improvements. For purposes of this Chapter, the term "improvements" shall mean the sanitary sewer pipeline and related appurtenances intended by the City to be included within a reimbursement district. 13.16.030. Reimbursement District Territory. A reimbursement district shall consist of all territory which the City Engineer determines could possibly be connected to the improvements. 13.16.040. Notice. Notice of a public hearing to consider the formation of the reimbursement district shall be posted in the official posting place in the City and mailed to all of the properties located within the reimbursement district at least 10 days prior to the date of the hearing. 13.16.050. Reimbursement Agreement. A draft of the reimbursement agreement to be entered into between the City and the Developer shall be prepared for consideration at the public hearing. The reimbursement agreement shall contain, at minimum, a description of the improvements, a diagram of the reimbursement district, the estimated costs of the improvements, and the costs of connection to the sewer line. 910823 kla 1080202 (11) 13.16.060. Diagram of District. The diagram of the reimbursement district shall show (a) the exterior boundaries of the district, (b) the lines and dimensions of each lot or parcel within the district and (c) the location of the improvements. 13.16.070. Public Hearing. A public hearing to consider the'formation of the reimbursement district and approval of the reimbursement agreement shall be held at the time and place indicated in the notice given pursuant to 13.16.040. All interested persons shall be given the opportunity to be heard. The City Council may order changes in the resolution forming the reimbursement district, the reimbursement agreement or the supporting documentation. At the conclusion of the public hearing, the City Council may pass a resolution forming the reimbursement district and approve the reimbursement agreement. 13.16.080. Reimbursement District Preparation Fee. Where applicable, the Developer shall pay a fee established by resolution of the City Council to cover the cost of preparation of reimbursement district documents and maps. 13.16.090. Sewer Connection Permit -- Charges in Reimbursement Districts. Before a property included within a reimbursement district can be connected to a public sewer, the owner of the property shall obtain a sewer connection permit and pay a charge for connecting to the public sewers as set forth in the reimbursement agreement. 13.16.100. Sewer Connection Permit -- Charges For Portions of Property. If a sewer connection permit is requested for only a portion of a lot and the City Engineer finds that only such portion will be benefited by a sewer connection, a sewer connection permit may be issued for such portion and all charges required by the reimbursement agreement shall be based on the dimensions of such portion. 13.16.110. Sewer Connection Permit -- Determination of Capacity. No permit shall be issued for the direct connection of any lot to a public sewer which was not designed for and intended to directly serve such lot unless the City Engineer first determines that there is additional capacity available in such sewer beyond that required to serve the property for which it was designed. 13.16.120. Connection Fee Trust Fund. All moneys paid for sewer connection permits shall be deposited into a special "sewer connection trust fund" for each reimbursement district. At the end of each fiscal year, the Finance Director shall distribute this money to the Developer in accordance with the terms of the reimbursement agreement. -2- 910823 kla 1080202 (11) Section 2. Should any sentence, section, clause, part or provision of this ordinance be declared invalid by a court of competent jurisdiction, it is the intent of the City Council that such invalidity shall not affect the validity of the ordinance as a whole, or anyother part thereof. PASSED, APPROVED and ADOPTED this day of 1991. MAYOR ATTEST: CITY CLERK -3- 910823 kla 1080202 (11) ei1y 0/ ie0ti y Jdlf INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE DEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 DATE: OCTOBER 28, 1991 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ATTENTION: CRAIG R. NEALIS, CITY MANAGER FROM: LOLA M. UNGAR, PRINCIPAL PLANNER SUBJECT: PRELIMINARY DRAFT HOUSEHOLD HAZARDOUS WASTE ELEMENT BACKGROUND Attached is the Preliminary Draft of the Household Hazardous Waste Element for the purpose of review at the public hearing. It is the goal of every City under State law to remove all (100%) hazardous waste from the solid waste stream. Improper disposal of Household Hazardous Waste can pose a risk to human health and the environment. Nearly one percent of the City's annual waste stream, under 50 tons of HHW, was generated in 1990. Clearly, education about what hazardous waste materials are, and where and how to dispose of them is an important part of the City's program. The City plans to negotiate one collection during the year with BFI, support private industry collections, and support County collections. Our goal is to have 4 collections a year. Rolling Hills is the third city on the peninsula to review a preliminary draft Household Hazardous Waste Element. Mr. Michael Huls, Resource Integration Systems contract consultant will be in attendance to answer questions about the City's proposed HHW program. RECOMMENDATION It is recommended that the City Council review the document and take public testimony. NEW BUSINESS A. ORDINANCE NO. 234: AN ORDINANCE AUTHORIZING ESTABLISHMENT OF SANITARY SEWER REIMBURSEMENT DISTRICTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. City Manager Nealis explained that Ordinance No. 234 authorizes the formation of sanitary sewer reimbursement districts to provide a process for reimbursement of construction costs to those providing original private funding in the event of future connections to the sewer system. City Attorney Jenkins pointed out that this procedure is basically an accounting system and is much simpler than setting up a benefit district. Mayor Pro Tem Swanson moved introduction of Ordinance No. 234, Councilwoman Murdock seconded and the motion passed on a 5-0 roll call vote. Mayor Pernell congratulated the staff on their efforts and Mayor Pro Tem Swanson expressed her hope that this will serve as a model for other efforts in the community. CI I`1 (-0C:1JCll 111kWilaS F-1-3 WILLIAM R. PETERS 11 JOHNS CANYON ROAD ROLLING HILLS. CALIFORNIA 90274 (213) 377-8639 September 18, 1991 ROLLING HILLS CITY COUNCIL #2 Portuguese Bend Road Rolling Hills, California 90274 Dear Council Members: [11/HEHI\V..1 0, SEP 19 1991 Ci f Rolling Hills By The residence of a portion of Johns Canyon Road and Chestnut Lane have privately engineered and applied for a Sewer Line Building Permit, connecting seven (7) parcels to the Los Angeles County's sanitary sewer line which flows north on Crenshaw Boulevard. We anticipate receiving our final approvals from the County and other governmental agencies, and the issuance of our Building Permit on Friday, September 20th. After extensive investigations into creating a Sewer District and bonding the cost of the sewer line construction, we have decided to go "Private" and finance the project ourselves. It was our view that the cost of issuing and selling sewer bonds was prohibitive, considering the relative small scope of our project. We also found that, by going "Private", we were able to negotiate favorable contracts with the engineers and the pipeline construction companies. Creating a "public works project" seemed to have added as much as forty percent (40%) to the construction costs and perhaps one hundred percent (100%) to the engineering costs of the project. It appears that only five (5) of the seven (7) homes, which will benefit from the sewer line, are willing to participate in the financing of the project. It is unclear to us what our rights are in expecting reimbursement from the hold outs if they connect to the sewer line in the future, and for that matter, future connections by properties outside of the immediate area. We understand that the City Council is reviewing a proposal to adopt a Sanitary Sewer Reimbursement District ordinance to guarantee future reimbursements to the initial contributors to a sewer construction project. We strongly recommend that the City Council approve Ordinance #234 for a Sanitary Sewer Reimbursement District to assist our project and encourage future projects of this type within the city. illiam R /Peters F`1" GLENN R. WATSON ROBERT O. BEVERLY HARRY L. GERSHON DOUGLAS W. ARGUE MARK L LAMKEN ARNOLD SIMON RICHARD H. DINEL ERWIN E. ADLER DRROLD D. PIEPER FRED A. FENSTER THOMAS A. FREIBERG. JR. ALLEN E. RENNETT STEVEN L DORSEY WILLIAM L STRAUSZ ROBERT M. GOLDFRIED ANTHONY B. OREWRY MITCHELL E. ABBOTT TIMOTHY L NEUFELD ROBERT F. DE METER GREGORY W. STEPANICICH ROCHELLE BROWNE DONALD STERN MICHAEL JENKINS WILUAM B. RUDELL DAVID L COHEN TERESA R. TRACY QUINN M. BARROW CAROL W. LYNCH TERRY A. TRUMBULL COLEMAN J. WALSH. JR. JOHN A. BELCHER JEFFREY A. RABIN WILLIAM K. KRAMER CURTIS L COLEMAN STEVEN H. KAUFMANN MARSHA JONES MOUTRIE GREGORY M. KUNERT AMANDA F. SUSSKIND WILLIAM E. MATSUMURA SCOTT WEIBLE DANIEL P. TORRES THOMAS M. JIMBO MICHELE BEAL BAGNERIS ROBERT C. CECCON PAMELA A. ALBERS SAYRE WEAVER KEVIN G. ENNIS ROBIN D. HARRIS MICHAEL ESTRADA EFRAT M. COGAN LAURENCE S. WIENER DAVID P. WARE CHRIST HOGIN STEVEN R. ORR DEBORAH R. HAKMAN SCOTT K. SHINTANI MICHAEL G. COLANTUONO KENNETH T. FONG JACK S. SHOLKOFF DAVID A. BUCHEN B. TILDEN KIM DARYL T. TESHIMA RANDOLPH P. MCORORTY CHRISTINA R. MELTZER ' BIROIT A. HUBER S. ALAN RAY JUUET F. IRELAND RUBIN D. WEINER RICHARDS, WAT ATTORN Mr. Craig Nealis City Manager City of Rolling Hills 2 Portuguese Bend Road Rolling Hills, California 0 A PROFESSION JUL 2 7 1991 RICHARD RICHARDS (1916-1988) CiN ,OF. Rp►:UNG HILLS THIRTY-EIGHTH FLOOR 333 SOUTH HOPE STREET w•• LOS ANGELES, CAUFORNIA 90071-1469 August 268, 1991 TELECOPIER (213) 626-0078 90274 Y--' (213) 626-8484 Re: Sewer Reimbursement Districts Dear Mr. Nealis: 0561798 OUR FILE NUMBER R6980-001 Enclosed for your review and comment is a proposed . ordinance amending the Municipal Code to allow for the creation of sanitary sewer reimbursement districts. Please let me know your comments and proposed changes, if any. MJ:skv 0561798 qty opaelinS INCORPORATED JANUARY 24, 1957 NO. 2 PORTUGUESE BEND ROAD ROLLING HILLS, CALIF. 90274 (213) 377-1521 FAX: (213) 377-7288 Agenda Item No: 6.A Mtg. Date: 9-23-91 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: CRAIG R. NEALIS, CITY MANAGER SUBJECT: ORDINANCE NO. 234: AN ORDINANCE AUTHORIZING ESTABLISHMENT OF SANITARY SEWER REIMBURSEMENT DISTRICTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. DATE: SEPTEMBER 23, 1991 BACKGROUND On December 18, 1990, the City received correspondence from Rolling Hills resident David N. Stone, M.D., which discussed concerns relative to the construction of a sanitary sewer project for three properties on the north side of Chestnut Lane, the property on the corner of Chestnut Lane and Johns Canyon Road, and the three contiguous properties at the corner of Johns Canyon Road and Morgan Lane. As the property owners proceeded with the project, they determined that five of the seven homeowners were eager to proceed and two were not interested in funding the project. Under this scenario the City of Rolling Hills was approached with hopes of obtaining municipal bond financing or other means to enable them to recover their costs from the non -participating homeowners should those homeowners desire to connect to the sanitary sewer system at a later date. Attached for City Council consideration is draft Ordinance No. 234 entitled: AN ORDINANCE OF THE CITY OF ROLLING HILLS AUTHORIZING THE ESTABLISHMENT OF SANITARY SEWER REIMBURSEMENT DISTRICTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE. Ordinance No. 234 amends Chapter 13.16 of the Rolling Hills Municipal Code and establishes the process whereby homeowners desiring to fund plans and construction of sanitary sewers may do so and have the assurances that, through the formation of a Reimbursement District, homeowners adjacent to the sewer which do not fund initial construction costs will be required to pay their fair share of construction costs should they decide to connect to the sanitary sewer system at a later date. Without such an ordinance; once the sanitary sewer is constructed and turned over to Los Angeles County for maintenance and operation, future homeowner connections to the system will be based upon capacity impacts and not initial construction costs. This ordinance is essential to guarantee those private homeowners a mechanism for appropriate proportional reimbursement. Under the ordinance, the City Council may pass a resolution forming a Reimbursement District and approving the reimbursement agreement. The District will be set forth based upon a property's ability to connect to the sanitary sewer system. A sewer connection permit will be required before a property included within the Reimbursement District can connect to the sewer system and a fee, established under the initial resolution, will be required. The City will hold all fees collected to the end of the fiscal year and will then distribute this money to the original funding property owners in accordance with the terms of the Reimbursement Agreement. This ordinance is presented for consideration for introduction this evening. CN:ds WILLIAM R. PETERS 11 JOHNS CANYON ROAD ROLLING HILLS. CALIFORNIA 20274 (213) 377-8630 September 18, 1991 By ROLLING HILLS CITY COUNCIL #2 Portuguese Bend Road Rolling Hills, California 90274 Dear Council Members: CCU 1! \V1 S E P 19 1991 City Of Rolling Hills The residence of a portion of Johns Canyon Road and Chestnut Lane have privately_ engineered and applied for a Sewer Line Building Permit, connecting seven (7) parcels to the Los Angeles County's sanitary sewer line which flows north on Crenshaw Boulevard. We anticipate receiving our final approvals from the County and other governmental agencies, and the issuance of our Building Permit on Friday, September 20th. After extensive investigations into creating a Sewer District and bonding the cost of the sewer line construction, we have decided to go "Private" and finance the project ourselves. It was our view that the cost of issuing and selling sewer bonds was prohibitive, considering the relative small scope of our project. We also found that, .by going "Private", we were able to negotiate favorable contracts with the engineers and the pipeline construction companies. Creating a "public works project" seemed to have added as much as forty percent (40%) to the construction costs and perhaps one hundred percent (100%) to the engineering costs of the project. It appears that only five (5) of the seven (7) homes, which will benefit from . the sewer line, are willing to participate in the financing of the project. It is unclear to us what our rights are in expecting reimbursement from the hold outs if they connect to the sewer line in the future, and for that matter, future connections by properties outside of the immediate area. We understand 'that the City Council is reviewing a proposal to adopt a Sanitary Sewer Reimbursement District ordinance to guarantee future reimbursements . to the initial contributors to a sewer construction project. We strongly recommend that the City Council approve Ordinance #234 for a Sanitary Sewer Reimbursement District to assist our project and encourage future projects of this type within the city. Sincerely illiam eters ORDINANCE NO. AN ORDINANCE OF THE CITY OF ROLLING HILLS AUTHORIZING ESTABLISHMENT OF SANITARY SEWER REIMBURSEMENT DISTRICTS AND AMENDING THE ROLLING HILLS MUNICIPAL CODE THE CITY COUNCIL OF THE CITY OF ROLLING HILLS DOES ORDAIN AS FOLLOWS: Section 1. Chapter 13.16 is hereby added to Title 13 of the City of Rolling Hills Municipal Code to read: Chapter 13.16 SANITARY SEWER REIMBURSEMENT DISTRICTS 13.16.010. Purpose. The purpose of this Chapter is to provide for the formation of sanitary sewer reimbursement districts whereby a subdivider, an improvement district formed under special assessment procedures, or person or group of persons (hereinafter collectively referred to as "Developer") can be reimbursed for the cost of constructing a public sewer system. 13.16.020. Improvements. For purposes of this Chapter, the term "improvements" shall mean the sanitary sewer pipeline and related appurtenances intended by the City to be included within a reimbursement district. 13.16.030. Reimbursement District Territory. A reimbursement district shall consist of all territory which the City Engineer determines could possibly be connected to the improvements. 13.16.040. Notice. Notice of a public hearing to consider the formation of the reimbursement district shall be posted in the official posting place in the City and mailed to all of the properties located within the reimbursement district at least 10 days prior to the date of the hearing. 13.16.050. Reimbursement Agreement. A draft of the reimbursement agreement to be entered into between the City and the Developer shall be prepared for consideration at the public hearing. The reimbursement agreement shall contain, at minimum, a description of the improvements, a diagram of the reimbursement district, the estimated costs of the improvements, and the costs of connection to the sewer line. 910823 kla 1080202 (11) 13.16.060. Diagram of District. The diagram of the reimbursement district shall show (a) the exterior boundaries of the district, (b) the lines and dimensions of each lot or parcel within the district and (c) the location of the improvements. 13.16.070. Public Hearing. A public hearing to consider the formation of the reimbursement district and approval of the reimbursement agreement shall be held at the time and place indicated in the notice given pursuant to 13.16.040. All interested persons shall be given the opportunity to be heard. The City Council may order changes in the resolution forming the reimbursement district, the reimbursement agreement or the supporting documentation. At the conclusion of the public hearing, the City Council may pass a resolution forming the reimbursement district and approve the reimbursement agreement. 13.16.080. Reimbursement District Preparation Fee. Where applicable, the Developer shall pay a fee established by resolution of the City Council to cover the cost of preparation of reimbursement district documents and maps. 13.16.090. Sewer Connection Permit -- Charges in Reimbursement Districts. Before a property included within a reimbursement district can be connected to a public sewer, the owner of the property shall obtain a sewer connection permit and pay a charge for connecting to the public sewers as set forth in the reimbursement agreement. 13.16.100. Sewer Connection Permit -- Charges For Portions of Property. If a sewer connection permit is requested for only a portion of a lot and the City Engineer finds that only such portion will be benefited by a sewer connection, a sewer connection permit may be issued for such portion and all charges required by the reimbursement agreement shall be based on the dimensions of such portion. 13.16.110. Sewer Connection Permit -- Determination of Capacity. No permit shall be issued for the direct connection of any lot to a public sewer which was not designed for and intended to directly serve such lot unless the City Engineer first determines that there is additional capacity available in such sewer beyond that required to serve the property for which it was designed. 13.16.120. Connection Fee Trust Fund. All moneys paid for sewer connection permits shall be deposited into a special "sewer connection trust fund" for each reimbursement district. At the end of each fiscal year, the Finance Director shall distribute this money to the Developer in accordance with the terms of the reimbursement agreement. -2- 910823 kla 1080202 (11) Section 2. Should any sentence, section, clause, part or provision of this ordinance be declared invalid by a court of competent jurisdiction, it is the intent of the City Council that such invalidity shall not affect the validity of the ordinance as a whole, or any other part thereof. PASSED, APPROVED and ADOPTED this day of 1991. MAYOR ATTEST: CITY CLERK -3- 910823 kla 1080202 (11)